Daniel L. Morris’s Answers

You need to a talk to an attorney right away. You clearly have a cause of action against the driver. Additionally, you may have a claim against the owner of the vehicle for negligent entrustment.

If your employer is a subscriber to the Texas Workers Compensation system, they will use the fourth edition of the AMA Guides to Permanent Impairment Ratings. They will multiply your impairment by three and pay that many weeks of Impairment Income Benefits (IIBs). Unfortunately, there is still a lot of interpretation done by the doctors. Therefore, it is good advice to have representation. If you receive at least a 15% Impairment Rating, you may be eligible for supplemental income benefits.

It sounds like your employer is a non-subscriber. I would contact an attorney to confirm this. If your employer is a non-subscriber, they will have an ERISA plan. In Texas a contract can shorten a Statute of Limitations. However, you would have had to understand what you were giving up. You need to contact an attorney right away.

The status conference hearing is held prior to trial. At this hearing, the Defendant is required to appear in Court to advise the Judge whether or not he or she is ready for trial. The Defendant may also announce that he or she wishes to enter a plea. Finally, the Defendant may request a continuance if he or she is not ready for trial. YOU HAVE THE RIGHT TO BE PRESENT AT THE STATUS CONFERENCE. HOWEVER, YOUR PRESENCE IS NOT REQUIRED.

First of all, yes you should appeal the rating given by the designated doctor. From your question it sounds like you have a lumbar injury and a hip injury. For lumbar injury they will generally use DRE model or Diagnosis Related Estimate. For you to get a 0% impairment rating, he would have had to given you a DRE category 1. This means no history of muscle guarding and no clinical findings on the day of exam. From what you've explained that is inaccurate. Regardless of receiving your...

Disability is the in ability to obtain or retain employment at an equivalent wage due to a compensable injury. What you are describing is the inability to perform your normal job duties due to a disability. I don't know if you would have protection under the ADA. But, you need a compensable injury to have a workers compensation claim. If your job worsens, enhances or aggravates your underlying condition, you may have a workers compensation claim.

You should be entitled to Temporary Income Benefits from Liberty Mutual for you lst time from work. If they lowered your wage while on light duty, you may also be entitled to benefits. You need to contact an attorney right away. If you have any questions, you can call my office at (214)357-1782.

You need to talk to an attorney right away. First off, how long ago was your original injury? If you never received any money for the first claim and you do not have an accrual date of disability, you can start your disability as long as you were injured in the last 401 weeks. Regardless you need an impairment rating for the original injury. If your doctor believes you've suffer new harm or damage to the physical structures of your body and your employer's negligence was a cause of your...

It depends if your employer is a subscriber to the Texas Workers Compensation system. If you employer is a subscriber, you may have a 451 wrongful termination claim against your employer once you are able to return to regular duty work. Is the insurance carrier still paying you Temporary Income Benefits? If you employer is a non-subscriber and their negligence was a producing cause of your accident, you may have a claim against your employer for negligence. You need to consult an...

You should definitely seek another attorney. The key is to get the lady to communicate with her insurance company. This may have to happen when she is served a law suit. If your damages are less than $10,000.00, the case can be filed in small claims court. You can reach my office at (214)357-1782. We'll gladly go over the case so you can make a decision on how to proceed. Good luck.